The legal foundation of company law and commercial law

Author: Jodi S. Krause
Publisher:
Publish Date: 2003-11-01
Features: This collection gathers the latest works of some of the most distinguished scholars in the field of commercial law theory. These papers focus on exploring the foundations of efficiency analysis, which serves as a dominant theoretical premise in contemporary academic research on corporate and commercial law. The book addresses several key questions: What are the historical roots of efficiency analysis in contract law, sales law, and corporate law? Are moral theories irrelevant to efficiency analysis in these fields? If moral theories are relevant, can morality and efficiency be reconciled? Moreover, even if efficiency as a normative goal in corporate and commercial law is reasonable, can its complexity make its implementation in adjudication realistic? What role should custom play in contract interpretation? Do efficiency considerations prefer literal interpretation methods or mixed interpretation methods in contract interpretation? What is the best way to pursue efficiency in corporate and commercial law? This book reflects the most exciting work in contemporary legal theory research. It will be of great interest to experts and scholars in the fields of law and legal philosophy.